Mental health legislation
The Government is committed to introducing a new Mental Health Bill into Parliament during its current term.
As a general principle, all proposed changes to the current Mental Health Act, contained in the proposed Bill, are directed towards increasing individual rights and protections, as well as increasing the role of families/carers.
A number of individuals have contacted the Mental Health Commission to express concerns regarding certain aspects of the draft Mental Health Bill, particularly those relating to children. This document provides responses to some of the questions that have been raised in recent weeks.
Current Status
The Mental Health Bill 2011: Draft Bill for Public Comment was launched by the Minister for Mental Health, the Hon Helen Morton MLC on 16 December 2011. Transcript of the Minister's speech at the launch.
To assist people to make informed comment about the proposed changes, the Mental Health Commission ran numerous public consultation forums in Perth and regional WA during February 2012. The consultation period will end at 5.00pm on 9 March and it is anticipated that the final Bill will be introduced in Parliament in mid 2012.
All submissions will be published on our website with authors permission. Organisations, not individuals will be identified.
The following documents have been prepared to support the consultation process:
The Commission wants to ensure that all Western Australians have an opportunity to comment on the Mental Health Bill 2011: Draft Bill for Public Comment.
Here are the ways you can have your say:
Background
The Mental Health Act 1996 is the current legislation in force in Western Australia. The Act is to provide for the care, treatment, and protection of persons who have mental illnesses, and for related purposes. Download a copy of the Mental Health Act 1996.
A review of the Mental Health Act 1996 by Professor D’Arcy Holman was completed in 2003. The review involved extensive public consultation, including in regional areas of Western Australia. Below are the synthesis of the Holman Review and the then Government’s response to the recommendations:
Drafting of a new Mental Health Bill commenced based on the recommendations of the Holman Review that were accepted by the previous Government. However, developments since the Holman Review was completed have necessitated a re-examination of the Draft Bill. These developments include:
In 2010, the Mental Health Commission convened a small Expert Group to advise on the extent to which the Draft Mental Health Bill reflects best practice in light of these developments (Click here for the membership of the Expert Group). The Expert Group considered latest research on mental health legislation as well as written submissions from key stakeholder groups.
Drafting has been informed by the Henderson Report, which was commissioned to provide advice on a quality assurance framework for mental health in Western Australia.
Resources on Mental Health Legislation
The Mental Health Commission has summarised international trends in mental health legislation. This paper was reviewed and considered by the expert group.
The Expert Group met with Professor Bernadette McSherry of Monash University. Professor McSherry is currently undertaking an extensive project looking at best practice in national and international mental health legislation. The expert group considered a collection of research papers and presentations on mental health laws by Professor McSherry.
Contact the Mental Health Commission for any questions - please insert LEGISLATION in the subject line.